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Thread: How to Trial By Declaration w/ examples (MODS can we sticky this)

  1. #21

    Re: How to Trial By Declaration w/ examples (MODS can we sticky this)

    +1 for sticky

  2. #22

    Re: How to Trial By Declaration w/ examples (MODS can we sticky this)

    Are there any example TBD's for HOV (carpool) violation VC 21655.5?* I looked through all of them and don't see anything directly relating to mine.* The closest was the TBD for not seeing a "U turn" sign.* *

    Or can anyone help with giving me some direction for building my case?* There could be an engineering technicality but I am not sure if what is in the MUTCD are mere "guidelines" or "requirements."

    FYI, some facts about my case:

    *** Entered a highway on-ramp which splits in 2 lanes -- left for carpool

    *** Upon entering the ramp to almost end of the ramp before metering lights, I was in the right (non carpool lane)

    *** Ramp demands focused driving attention and safe driving due to sharp 180 degree turn with a significant downhill slope (about 40-60%) from the very start of ramp.* Also has a pedestrian/bicycle crossing ** after the ramp ** drops down.* On the day I traveled on the ramp, there was a woman with a child waiting to get across.

    *** first HOV sign and diamond are about 1/3 way down the ramp (no warning at the start). That was when I was keeping all my attention in front of me on the pedestrian waiting to cross and driving the sharp turn.

    *** 2 other HOV signs just a few feet apart and facing the left lane and away from my field of vision, not in any way visible in my peripheral vision while in the right lane. Given the curve of the ramp, the signs are at an angle that even if I turn my head, I have to stretch and take my focus off in front of me.

    *** Then a sizable stretch of road with no HOV signs till get to metering light. At that place, there is a sign that could not be more than 3 inches high and maybe 4-5 inches wide that even looking for it (with lettering maybe 1 inch high), it is still impossible for me to read while traffic is moving.

    ** When I was almost at the metering lights (still in the legal lane for single drivers and not knowing a carpool lane existed), I noticed massive traffic jam on highway after the metering lights with 4 police and lots of cars on shoulder.* I thought there must be an accident.

    ** I pulled over to the left (HOV) lane just as I got to the metering lights thinking accident on shoulder ahead, plus I needed to get over to next lane left of where I was merging onto.* While I was waiting for metering light to turn red is when the cop saw me and rest is history.

    Any thoughts of any CVC codes I can quote (besides one cited for) -- such as safe driving when cars stopped on shoulder?* Or any technicalities with no warning HOV signs at beginning and/or for last 30% of ramp?* Other possible arguments?

    Thanks :D!

  3. #23
    I need a Statement of Facts to fight 22102 Illegal U-Turn in California in a business district. I went back and looked and the stretch I was on
    has apartments and rental units on both sides in the 300 foot section I was on when I turned around. It was 9pm and there were no cars in either direction.
    I was on the far left for the turn. I was turning to go back to the freeway after dropping my daughter's friend home. It was safe, clear weather conditions, unobstructed view.
    I am going to start with a trial by declaration but I need the template for my written statement of facts. Thanks.

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